In a District of Delaware complaint, filed on Wednesday, the United States alleged that the State of Delaware has not fulfilled its obligations under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and asked that the state be required to pay response costs incurred by the country to clean up the release of hazardous waste in an area owned by the state.
The location of the release is Landfill Area #1, which is in the Fort DuPont State Park, and more specifically in a 10 to 20 acres area within the Governor Bacon Health Center. The area has reportedly been owned by the defendant since 1947. The Delaware River as well as the Chesapeake and Delaware Canal border the land; they allegedly could be contaminated by the waste if the clean-up efforts did not occur.
The property was developed in 1864 as a military battery which became Fort DuPont and was used during the end of the Civil War and parts of the First and Second World Wars. The dump area known as Landfill Area #1 began in about 1937, ten years before Delaware acquired the property and began operating the health center. Fort DuPont State Park was established over 50 years later in 1992.
Wednesday’s complaint explained that the Delaware River, through erosion, had exposed discarded materials, metal, and debris. The United States said that through the Environmental Protection Agency it took action to restore the property, including excavating materials, removing metals offsite, and constructing a retaining wall.
The plaintiff, represented by the Department of Justice, asked the court to require Delaware to pay the response costs for the remedial action done by the United States, including the removal of the hazardous substances. Purportedly under CERCLA, Delaware “is jointly and severally liable to the United States for all response costs incurred by the United States in connection with the Site, including enforcement costs and interest on response costs.”
